Supreme Court Stays Allahabad High Court’s Controversial Ruling on Sexual Assault

The Supreme Court has put a stay on the controversial ruling by the Allahabad High Court, which stated that acts like grabbing a woman’s breast or pulling the string of her pajamas do not constitute an attempt to rape. The apex court, while taking suo motu cognizance of the case, expressed its dismay at the high court’s insensitivity and called its observations legally flawed and inhuman. A women’s rights organization, We the Women of India, had approached the Supreme Court, arguing that the Allahabad High Court’s verdict set a dangerous precedent and undermined the fight against sexual violence.

A bench comprising Justices B.R. Gavai and Augustine George Masih strongly criticized the ruling, noting that it lacked legal backing and disregarded the seriousness of sexual violence. The Supreme Court highlighted that the judgment was not a mere off-the-cuff remark but a well-thought-out ruling given four months after reserving the verdict. The court specifically pointed out that certain paragraphs of the judgment—21, 24, and 26—were entirely inconsistent with legal principles and displayed an “inhuman approach.” Given the gravity of the situation, the Supreme Court felt compelled to intervene and place an immediate stay on these observations.

Additionally, the Supreme Court has sought responses from the central government and the Uttar Pradesh administration regarding the case. The court has also called for the assistance of Solicitor General Tushar Mehta and Attorney General R. Venkataramani to ensure a proper legal review of the matter. Women’s rights groups and legal experts across the country have welcomed the Supreme Court’s decision, emphasizing that it reinforces the seriousness of sexual offenses and ensures that courts uphold sensitivity while dealing with such cases.

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